Last week the parents of a Wisconsin boy sued Grant County District Attorney Lisa Riniker for charging their son with first-degree sexual assault, a Class B felony, after he played "butt doctor" with a 5-year-old girl. He was 6 at the time. When the boy's lawyer tried to have the charge dismissed, Riniker replied: "The legislature could have put an age restriction in the statute if it wanted to. The legislature did no such thing."

According to the complaint (PDF), the girl is "the daughter of a well-known political figure in Grant County," and her brother, who is the same age, also was involved in playing doctor but was not charged. In addition to Riniker, the lawsuit names as defendants retired Grant County Sheriff's Sgt. James Kopp and Jan Moravits, an investigator with Grant County Social Services "whose regional supervisor...is the political figure's wife's sister-in-law"—i.e., the aunt of the alleged victim.

Although the boy, now 7, is too young to be prosecuted or named in a juvenile delinquency petitition, Madison.com reports, county officials are using the felony charge to force his parents into accepting "protection or services" for him. The lawsuit says that once he turns 18, he will be listed as a sex offender.

I noted a similar case in my July Reason story on sex offender laws.

Howard A Treesong wrote:If you saw suspect behaviour in a child then you may be excused for investigating the parents, because it might be a sign they are repeating something they have seen or done.

the girl is "the daughter of a well-known political figure in Grant County," and her brother, who is the same age, also was involved in playing doctor but was not charged

Melissia wrote:Goddamnit Wisconsin. You almost had me in a pleasant state of forgetting you existed, now you had to come up with this stupid crap to remind me.

Jokes aside, poor kid. Hope the judge loses her job over it... this is seriously stupid. Judges are supposed to use good personal judgement over their activity (it's in the name...), not just rampantly throw gak around and trying to find where it sticks.

mattyrm wrote: I have to say though "Butt Doctor" sounds like the worst game ever.

Alfndrate wrote:I cannot wait to see how his first job interview goes...

"Sir, you're 16 years old, but for the question 'Are you a registered sex offender' you checked yes. Was this a mistake?"

"No, it was a long time ago, but thats all behind me."

"Well, you're well qualified in every other category. So, let me be the first to say, Welcome to Burger King."



Poor kid

Nerivant wrote:

Alfndrate wrote:I cannot wait to see how his first job interview goes...

"Sir, you're 16 years old, but for the question 'Are you a registered sex offender' you checked yes. Was this a mistake?"

"No, it was a long time ago, but thats all behind me."

"Well, you're well qualified in every other category. So, let me be the first to say, Welcome to Burger King."



Poor kid

At some of the BK's I've visited, being a registered sex offender makes you overqualified.

MADISON, Wis. -- A 6-year-old Grant County boy has been accused of first-degree sexual assault after playing "doctor" with two 5-year-old friends.
Now, a federal lawsuit has been filed against the prosecutor, who attorneys said is trying to force the boy to admit guilt.
The boy's parents had planned to speak with WISC-TV on Monday to discuss the emotional toll the prosecution has taken on their son. But the prosecutor, Grant County District Attorney Lisa Riniker, on Monday morning asked a judge for a gag order in the case and was granted it. The gag order prohibits the boy's parents from talking about the case.
But the attorneys for the parents in the federal suit, which names Riniker as a defendant, can aren't included in the gag order, and they spoke with WISC-TV from Chicago.
Attorneys for the parents of the 6-year-old, who is being referred to as "D," said that Riniker has gone too far by bringing a felony sex charge against a first-grader for touching a 5-year-old girl inappropriately while playing doctor last fall.
"That behavior by a prosecutor is outrageous," said Christopher Cooper, an attorney for the boy's parents.
Cooper and attorney David Sigale filed the federal suit last week, alleging that Riniker wants D to sign a consent decree admitting some level of guilt.
"We're certainly hoping to vindicate D in the eyes of the law," Sigale said.
"He (the boy) says he didn't do it, and the little girl says he didn't do it. The little girl says he touched the back of one of her buttocks," Cooper said.



Lawsuit Says Prosecutor Went Too Far In Charging Boy



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The attorneys are also asking for about $12 million in damages from Riniker and two co-defendants.
Cooper and Sigale said they are prepared to present evidence that D has been psychologically harmed by the court proceedings and is terrified of going to jail.
"She (Riniker) bypassed the parents and sent a 6-year-old boy a summons, on which is a threat that the 6-year-old will go to jail for failure to appear," Cooper said.
The attorneys said they have sought the opinion of many experts who said that children "playing doctor" is not a sex crime.
"(The experts say) a 6-year-old child is unable to intellectually and emotionally associate sexual gratification with the act that D has been accused of committing," Cooper said.
In justification for the charge, Riniker is quoted in the lawsuit saying "the Legislature could have put an age restriction in the statute ... the legislature did no such thing."
The lawsuit also alleges the charges were brought because the 5-year-old is the daughter of a high-ranking official in Grant County.
Repeated calls to Riniker and an attorney for she and two co-defendants have gone unanswered since Friday, WISC-TV reported.
Riniker went to Judge Bill Dyke, who is handling the case from Iowa County, and he issued a gag order for the parents Monday morning. WISC-TV has not received a copy of the order nor a reason for its issue.

Nerivant wrote:

Alfndrate wrote:I cannot wait to see how his first job interview goes...

"Sir, you're 16 years old, but for the question 'Are you a registered sex offender' you checked yes. Was this a mistake?"

"No, it was a long time ago, but thats all behind me."

"Well, you're well qualified in every other category. So, let me be the first to say, Welcome to Burger King."



Poor kid

At some of the BK's I've visited, being a registered sex offender makes you overqualified.

The Epic Chaosdude!!! wrote:The 6 year boy touched an girls ass. Not a big deal, unless the girl is an well known political figure.

Nerivant wrote:Then they would use the boy in their campaigns. He would be a great asset.

CuddlySquig wrote:Pfft, whatever. I did worse than that when I was that age (and some even worse things when I was much older ) and I came out okay.

Melissa wrote:Judges are supposed to use good personal judgement over their activity (it's in the name...), not just rampantly throw gak around and trying to find where it sticks.

AustonT wrote:

Melissa wrote:Judges are supposed to use good personal judgement over their activity (it's in the name...), not just rampantly throw gak around and trying to find where it sticks.

you're confusing prosecutors with judges. The named defendants are the DA, a social worker, and a cop. If there is a judge involved at this point the only action he/she has taken is not to grant the motion to dismiss. He/she may be forced to entertain this case because there is no legal requirement to dismiss.
Either way the prosecutor is stretching beyond reason here, I don't think it should cost the tax layers of this municipality 12 million dollars, but it should cost her job and her ability to practice law in the future. I'm salivating to see what the federal judge will do.